Delhi High Court - Orders
Sotefin Sa vs Indraprastha Cancer Society And ... on 19 July, 2021
Author: Sanjeev Narula
Bench: Sanjeev Narula
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(COMM) 327/2021
SOTEFIN SA ..... Plaintiff
Through: Mr. Chander M. Lall, Senior
Advocate with Ms. Monisha Panda,
Mr. Bhavin Gada, Mr. Ayush Sharma,
Ms. Mehak Gupta, Ms. Priyamwada
Sinha, Ms. Nancy Roy and Ms.
Ananya Chug, Advocates.
versus
INDRAPRASTHA CANCER SOCIETY AND RESEARCH
CENTER & ORS. ..... Defendants
Through: Mr. Neeraj Malhotra, Senior
Advocate with Ms. Mansi Bajaj, Mr.
Nitin Prakash, Mr. Saksham Mishra
and Mr. Nimish, Advocates for
Defendant Nos. 1 and 2.
Mr. S.D. Singh, Mr. Jitender Singh,
Mr. Kamla Prasad and Ms. Meenu
Singh, Advocates for Defendant No.
3.
Ms. Deepshikha Malhotra and Mr.
Dhavish Chitkara, Advocates for
Defendant No. 4.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
ORDER
% 19.07.2021 [VIA VIDEO CONFERENCING]
I.A. 8545/2021 (application under Order XI Rule 1(4) as amended by the Commercial Courts Act, 2015 r/w Section 151 of the Code of Civil Procedure, 1908 seeking leave to file additional documents) CS(COMM) 327/2021 Page 1 of 6
1. This is an application seeking leave to file additional documents under the Commercial Courts Act, 2015.
2. The Plaintiff, if they wish to file additional documents at a later stage, shall do so strictly as per the provisions of the Commercial Courts Act.
3. Accordingly, the application stands disposed of.
I.A. 8546/2021 (for exemption from filing originals, clearer copies, translated copies, left side margins and notarized documents)
4. The application is allowed, subject to just exceptions.
5. The Plaintiff shall file the original documents and legible copies, on which it seeks to place reliance, and which are in its possession within a period of two weeks from today. Further, the Plaintiff shall file the exempted notarized documents within two weeks from the day the facility for attestation of affidavits is resumed.
6. The application stands disposed of.
I.A. 8547/2021 (for exemption from filing notarized and apostilled power of attorney)
7. The present application under Section 151 of the Code of Civil Procedure, 1908 (in short 'CPC') on behalf of the Plaintiff seeks exemption from filing the notarized and apostilled power of attorney.
8. The application is allowed, subject to the Plaintiff filing the exempted documents within two weeks from the day the facility for attestation of affidavits is resumed.
9. The application stands disposed of.
CS(COMM) 327/2021 Page 2 of 6I.A. 8548/2021 (application on behalf of the Plaintiff for filing lengthy synopsis and list of dates)
10. In view of the submissions made therein, the application is allowed, subject to all just exceptions.
11. The application stands disposed of.
CS(COMM) 327/2021
12. Let the plaint be registered as a suit.
13. Issue summons. Summons are accepted by Ms. Mansi Bajaj, learned counsel for Defendant Nos. 1 and 2, Mr. S.D. Singh, learned counsel for Defendant No. 3 and Ms. Deepshikha Malhotra, learned counsel for Defendant No. 4. The Defendants shall file their written statements within 30 days from today. Along with the written statements, the Defendants shall also file affidavits of admission/denial of the documents of the Plaintiff, without which the written statements shall not be taken on record.
14. Liberty is given to the Plaintiffs to file replications within 15 days of the receipt of the written statements. Along with the replications, if any, filed by the Plaintiff, affidavits of admission/denial of documents of the Defendants, be filed by the Plaintiff, without which the replications shall not be taken on record. If any of the parties wish to seek inspection of any documents, the same shall be sought and given within the timelines.
15. List before the Joint Registrar for marking of exhibits on 21 st September, 2021. It is made clear that any party unjustifiably denying documents would be liable to be burdened with costs.
16. List before the Court for framing of issues thereafter. I.A. 8543/2021 (application u/O XXXIX Rules 1 and 2 r/w Section 151 of CS(COMM) 327/2021 Page 3 of 6 the Code of Civil Procedure, 1908 for seeking ex-parte and/or ad-interim reliefs/interim injunction)
17. Issue notice. Notice is accepted by Ms. Mansi Bajaj, learned counsel for Defendant Nos. 1 and 2, Mr. S.D. Singh, learned counsel for Defendant No. 3, and Ms. Deepshikha Malhotra, learned counsel for Defendant No. 4.
18. Mr. Neeraj Malhotra, learned Senior Counsel for Defendant Nos. 1 and 2 on instructions states that the product which is lying/ installed at the premises of Defendant Nos. 1 and 2 does not infringe the patent of the Plaintiff. He submits that the said product is imported from an entity in China which holds the patent of the product. He submits that he would like to place on record the details of the patent and shall do so before the next date of hearing.
19. Replies to the application be filed within a period of two weeks. Rejoinders thereto, if any, be filed within a period of one week thereafter.
20. Parties are also directed to file a brief note of submissions not exceeding three pages along with the relevant case law at least one week before the next date of hearing.
21. The counsel for the parties are permitted to address arguments not exceeding 40 minutes each. The counsel for the Plaintiff would be given an additional 10 minutes to submit in rejoinder.
22. List before the Court on 18th August, 2021.
I.A. 8544/2021 (application under Order XXVI Rule 9 and Order XXXIX Rule 7 r/w Section 151 of the Code of Civil Procedure, 1908 for seeking appointment of Local Commissioners and inspection and preservation of evidence material to the suit proceeding) CS(COMM) 327/2021 Page 4 of 6
23. The present suit concerns the Patent No. 214088 pertaining to "Silomat Dolly" and the rights granted under it. Mr. Chander Lall, learned Senior Counsel for the Plaintiff seeks appointment of a Local Commissioner for the purpose of taking pictures/videos of the dollies which are lying at the premises of the Defendants. Mr. Malhotra, learned Senior Counsel for the Defendant Nos. 1 and 2, without prejudice to his rights and contentions, states that he has no objection to the request made.
24. Accordingly, Mr. Rahul Jain, Advocate (Contact No. +91 9811689355) is appointed as the Local Commissioner with a direction to visit the premises of Defendant No. 2- Rajiv Gandhi Cancer Institute and Research Centre, Sir Chotu Ram Marg, Rohini Institutional Area, Sector-5, Rohini, Delhi-110085. The date of the visit shall be determined by the Local Commissioner in consultation with the counsel for the parties. The Local Commissioner shall be permitted to take pictures/videos with the help of a photographer/videographer, if so required, of the dolly (ies) lying/installed at the aforenoted premises. Counsel for the Plaintiff as well as a technical expert shall be permitted to accompany the Local Commissioner. Likewise, the Defendants shall also be permitted to have the presence of their expert when the pictures/videos are taken. Parties shall extend full cooperation to the Local Commissioner for the execution of the commission. The Commissioner shall furnish copies of the pictures/videos to the Plaintiff and to the Defendants and file a copy thereof before this Court.
25. The Local Commissioner shall also be entitled to seek Police assistance or protection of the Local Police Station, if so required for the purpose of execution of the order of this Court. The SHOs of the aforenoted area are directed to provide the necessary assistance to the Local Commissioner. In CS(COMM) 327/2021 Page 5 of 6 case any of the premises are found locked, the Local Commissioner shall be permitted to break open the locks.
26. The fee of the Local Commissioner, to be borne by the Plaintiff, is fixed as Rs. 75,000/- for the visit to the premises. The Plaintiff shall also bear expenses for travel of the Local Commissioner and other miscellaneous out of pocket expenses for the execution of the commission. The Local Commissioner and the Plaintiff's representatives visiting the premises shall comply with all the restrictions and protocols that have been put in place by the Government of NCT of Delhi and the commission shall be executed by strictly following social distancing and such other guidelines relating to COVID-19 that are in force.
27. List before the Court on 18th August, 2021.
SANJEEV NARULA, J JULY 19, 2021 v CS(COMM) 327/2021 Page 6 of 6